Responsa for Bava Batra 317:4
ומאי קושיא דלמא מצי אמר מכח אבוה דאבא קאתינא ובמקום אב קאימנא
'A firstborn son who sold the share of [his] birthright during the lifetime of his father, and he died during the lifetime of his father, his son may take [it] away from the buyers; and this it is that presents a difficulty in civil law', [for] his father sold [it] and he takes [it] away! And if it be suggested [that] in this case<span class="x" onmousemove="('comment',' Lit., 'here'. ');"><sup>13</sup></span> also [he might plead]. 'I come as successor to the rights<span class="x" onmousemove="('comment',' Lit., 'from the power'. ');"><sup>14</sup></span> of my father's father', [it may be retorted.] 'If he comes as successor to the rights of his father's father what claim has he upon the portion of the birthright?'<span class="x" onmousemove="('comment',' Were it not for the rights of his father who was a firstborn son, he should not have been entitled to the double portion! ');"><sup>15</sup></span> But what difficulty [is this]? Could he not<span class="x" onmousemove="('comment',' Lit., 'perhaps'. ');"><sup>16</sup></span>
Teshuvot Maharam
A. The document has no value unless witnesses testify that they saw the document, and recognized the signatures of the witnesses, in the hands of its present possessor before the witness in question became a relative of the beneficiary.
SOURCES: Pr. 115, 919, Am. II, 101; Mord. Sanh. 696. This Responsum relates to Pr. 50. In Cr. 31, L. 355, the two parts are printed together.
Teshuvot Maharam
A. The document has no value unless witnesses testify that they saw the document, and recognized the signatures of the witnesses, in the hands of its present possessor before the witness in question became a relative of the beneficiary.
SOURCES: Pr. 115, 919, Am. II, 101; Mord. Sanh. 696. This Responsum relates to Pr. 50. In Cr. 31, L. 355, the two parts are printed together.